8.10.080 Impoundment and retrieval of abandoned shopping carts.
A. The director or designee may immediately retrieve and impound any shopping cart, in accordance with the provisions outlined in Business and Professions Code Section 22435.7.
B. Impoundment Following Three-Day Notice. A shopping cart that has a sign affixed to it in accordance with the provisions of this chapter and Business and Professions Code Section 22435.1 may be impounded by the city provided both of the following conditions are met:
1. The shopping cart is located outside the premises or parking area of a retail establishment; and
2. Except as provided in subsection C of this section, Impoundment Without Three-Day Notice, the shopping cart is not retrieved within three business days from the date the owner of the shopping cart, or his or her agent, receives actual notice from the city of the shopping cart’s discovery and location.
C. Impoundment Without Three-Day Notice.
1. The city may retrieve and impound any abandoned shopping cart without first giving three days’ notice provided:
a. The director or designee provides actual notice to the owner, or his or her agent, of the impoundment of the shopping cart within twenty-four hours following the impound;
b. The notice informs the owner, or his or her agent, of the location where the shopping cart may be claimed;
c. Any shopping cart reclaimed by the owner, or his or her agent, within three business days after the date of actual notice to the owner, or his or her agent, of the impound, must be released and surrendered to the owner, or his or her agent, at no charge, including the waiver of any impound and storage fees or fines which otherwise would be applicable; and
d. The shopping cart is held at a location that is both:
i. Reasonably convenient to the owner of the shopping cart; and
ii. Open for business at least six hours of each business day.
D. Immediate Retrieval and Impoundment by City for Impeding Emergency Services. The director or their designee may immediately retrieve and impound any shopping cart from public or private property if the location of the shopping cart impedes emergency services.
E. Any cart reclaimed by the owner or their agent within three business days from the date the owner of the shopping cart, or their agent, is given actual notice by the city of the shopping cart’s discovery and location, or impoundment, shall not be deemed an occurrence for purposes of this chapter.
F. The owner of any shopping cart that is not reclaimed within three business days after the date the owner has been given actual notice by the city of the shopping cart’s discovery and location, or impoundment, is subject to prosecution or the imposition of administrative costs, fees, fines, interest and other penalties applicable under this chapter commencing four business days after the date of notice. (Ord. 1713 § 2, 2022)